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another soldier in the line of duty kimmed in afghanistan dying from wounds when his unit came under a rocket propelled grenade. and he was 36 years old. >> the pentagon announced it will start accepting applications from openly gay recruits and will stop enforcing don't skrks don't tell policy. this follows a ruling wednesday by the ninth circuit court of appeals. the courts said prohibiting openly gay troops is unconstitutional because it treats gay americans differently. the formal repeal could happen by october z the house voted to prohibit chaplains from performing same-sex marriages on military bases. >> a fan tried to grab a souvenir baseball for his 6-year-old son fell over a railing to his death during last night's game in texas. and we have more on the tragedy, and how major league baseball is dealing with it. jerry? >> flags will fly at half staff before tonight's game between texas and oakland a's beginning in about an hour from now. players will be wearing black ribbons in honor of shannon stone the 39-year-old who died trying to get a baseball from his young boy. >> it
. this interview with wsmv. >> i refuse to go to afghanistan because it was against my conditions. >> now, police say the 21-year-old was planning what they describe was a terrorist attack on fellow u.s. soldiers. he went to a gun shop near fort hood, paying cash for ammunition and gun powder. the clerk who sold him the material thought something wasn't right. >> i asked what is the potential for a problem? if i'm uncomfortable, i'm unbashful. >> the arnly granted him objector status but put discharge on hold after allegedly finding child porn on his government computer, on july 4th he went awol. investigators say he then set his sites on fort hood, the same base traumatized when a major killed 13 and wounded 30 others. investigators say he wanted to get even with the military and planned to detonate two bombs in a restaurant near the base then shoot survivors. >> we made a decision to call the police it and worked out well. >> police found him in a nearby hotel they found ammo, pift krol and pone yents to build two bombs and an article called how to make a bomb in your kitchen. came from an engl
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